TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: SBR Industries, Inc.
Attention: Mr. Paul Buholz
6721 Precourt Drive
Orlando, FL 32809
Sent via email: Pier98marina@aol.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pitts Bayou and St. Andrew Bay. The project site is located adjacent and in Pitts Bayou at 5904 East Highway 98 in Section 19, Township 04 South, Range 13 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From Panama City Beach, at the intersection of Richard Jackson Boulevard and US Highway (HWY) 98, travel east approximately 4.8 miles on US HWY 98 East and cross the Hathaway Bridge. Continue on US HWY 98 for approximately 12.9 miles. The project is located on the right side of the road at 5904 East HWY 98.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.118559°
Longitude -85.596774°
PROJECT PURPOSE:
Basic: Commercial docking facility expansion.
Overall: The overall project purpose is to modify and expand an existing fixed docking facility for commercial use within Pitts Bayou, Panama City, Bay County.
EXISTING CONDITIONS: The project would affect waters of the United States associated with Pitts Bayou and St. Andrew Bay. No emergent or submerged vegetation occurs within the project area.
PROPOSED WORK: The applicant seeks authorization to remove 6 boat slips and add 27 boat slips for a new total of 47 boat slips. The proposed new structure consists of a 4’ x 156’ access dock, a 6’ x 64’ terminal platform, (10) 2’ x 15’ finger piers, and (2) 2’ x 20’ finger piers. Total square feet (SF) of the new structure overwater would be 1,388 SF.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The pilings would be installed using low pressure jetting to reduce sediment displacement. The project area would be surrounded with floating turbidity curtains during construction and the applicant agrees to abide by endangered species special conditions and construction guidelines for in-water work.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation is required due to no loss of waters of the U.S. is associated with this activity.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: West Indian Manatee (Trichechus manatus), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Hawksbill sea turtle (Eretmochelys imbricata), Gulf sturgeon (Acipenser oxyrinchus desotoi), Smalltooth sawfish (Pristis pectinate), Giant Manta Ray (Manta birostris), Wood Stork (Mycteria americana), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), and Eastern indigo snake (Drymarchon corais couperi) or its designated critical habitat.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Gulf sturgeon, Smalltooth sawfish, swimming sea turtles (Green, Hawksbill, Kemp’s ridley, Leatherback, Loggerhead), and manta ray. The Corps will request National Marine Fisheries Service (NMFS) – Protected Resources Division concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee following the U.S. Fish and Wildlife Service (USFWS) programmatic key for this species.
The Corps has determined the proposed project would have no effect on the Wood Stork, Piping Plover, Red Knot, nesting sea turtles, Eastern Indigo snake, and any other listed threatened or endangered species or designated critical habitat. This determination is based on the assessment that there are no nesting or foraging habitats in the project area for these species.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Pitts Bayou or St. Andrew Bay. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS – Habitat Conservation Division.
Navigation: The proposed structure is not located in the vicinity of a federal navigation channel. Based on the Florida Regulatory Viewer, the waterward edge of the proposed structure is approximately 0.95 mile away from the near bottom edge of the Gulf Intracoastal Waterway federal channel. The proposed structure does not exceed 25% the width of the Pitts Bayou waterbody.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Panama City Permits Section, 415 Richard Jackson Boulevard (Blvd), Suite 411, Panama City Beach, Florida 32407 within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Randy Turner, in writing at Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411, Panama City, Florida 32407; by electronic mail at Randy.L.Turner@usace.army.mil; or, by telephone at (850) 287-2045.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) or Northwest Florida Water Management District (NWFWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.